As seen on Twitter today:-
@Torcuil Judging by recent common grazings developments, you’d probably be dismissed before you got the chance
— Jim Hunter (@JimHunter22) 4 July 2016
Perhaps Torcuil meant the Crofting Commission 😉
As seen on Twitter today:-
@Torcuil Judging by recent common grazings developments, you’d probably be dismissed before you got the chance
— Jim Hunter (@JimHunter22) 4 July 2016
Perhaps Torcuil meant the Crofting Commission 😉
This road sign has been erected at Mangersta!
To date the Cabinet Secretary for the Rural Economy and Connectivity with responsibility for Crofting, Fergus Ewing MSP, has not said much on the question of ‘The Common Clearances‘.
Rhoda Grant MSP asked the Scottish Government:-
whether it is satisfied with how the Crofting Commission has acted in all matters relating to the dismissal of the Mangersta grazing committee.
Fergus Ewing MSP answered:-
The Crofting Commission is a non-departmental public body that takes regulatory decisions within the bounds of its duties and powers. Such decisions are taken independently and at arm’s length from Scottish Government.
Rhoda Grant MSP also asked the Scottish Government:-
whether it will establish an inquiry into the workings of the Crofting Commission.
Fergus Ewing MSP answered:-
The Scottish Government has no current plans to do so.
In addition Rhoda Grant MSP asked the Scottish Government:-
whether it has confidence in the convener of the Crofting Commission.
Fergus Ewing MSP answered:-
The Scottish Government is confident that the Crofting Commission board is able to deliver the functions of the commission.
That may have been the Scottish Government’s position on 27 June 2016. The massive U-turn taken by the Crofting Commission on 29 June 2016 should change that stance.
That U-turn and the manner in which it was executed demonstrates that the Crofting Commission got it wrong. They handled the whole Mangersta affair very badly indeed from start to finish. In light of this there can be no confidence that the board or their Convener is able to deliver the functions of the Commission.
The watershed moment was reached on 29 June. The Scottish Government can no longer sit on the fence. There has been as good an admission as any that the Crofting Commission failed the shareholders of Mangersta. In so doing they failed in their regulatory duties and should be made to account for those failings.
A day before the U-turn representatives of the Scottish Crofting Federation met with Fergus Ewing MSP. Commenting on that meeting the Chair of the Federation, Fiona Mandeville, said:-
We also had constructive discussion on the Crofting Commission crisis. We are very supportive of a majority elected Commission and fear that the common grazings debacle can jeopardise this. We therefore asked Mr Ewing to consider a procedural review of the Commission. At his request, we will send him a note outlining details of our recommendations forthwith.
In the wake of the U-turn, Fergus Ewing MSP should take heed of that request for a procedural review and actually now instigate it.
The Scottish Government can no longer hide behind suggestions that the Crofting Commission are at “arm’s length” from the Scottish Government.
The fact is that the Crofting Commission and their Commissioners are answerable to the Scottish Government.
Under and in terms of the Crofters (Scotland) Act 1993:-
So, far from being a body that the Scottish Government should consider to be at arms length from it, the Crofting Commission is one that is directly accountable to and ultimately under the control of the Scottish Ministers.
That being the case the Scottish Government should not, like the Crofting Commission, ignore the law involved. They should apply the law, as set out above, as necessary to make the Crofting Commission accountable for their actions over the Mangersta debacle.
Following the U-turn by the Crofting Commission, former members of Mangersta Common Grazing Committee stated:-
We continue to believe that there should be an inquiry into the functioning of the Crofting Commission.
An inquiry is necessary to answer questions such as:-
These are questions that the Scottish Ministers can no longer ignore following the recent U-turn by the Crofting Commission. The Scottish Ministers must comment properly on them and, if necessary, take appropriate action under and in terms of the Crofters (Scotland) Act 1993.
The only way that they will be able to properly pass such comment and take such action is following a focused and detailed investigation into how and why the Crofting Commission handled the Mangersta situation in the manner that they did.
That case is no longer ongoing and is not subject to court proceedings. The Crofting Commission therefore cannot hide from, prevent or delay an investigation specifically focussed thereon. Fergus Ewing MSP must now instigate just such an investigation for the future stability, survival and sustainability of crofting in Scotland.
Image Credit: House of Cards © BBC